THIS JUST IN: Kanawha County

By Cara Bailey | Oct 31, 2008

Sept. 22
David Richard Cole v. Jennifer Miller, McKenzie Enterprises, doing business as Fazoli's
PA – Lia DiTrapano Fairless; J – Stucky
* David Richard Cole filed a suit against Fazoli's after he was injured at the Nitro Market Place location. Cole claims he slipped on a wet area in the dining room while at Fazoli's on Nov. 11, 2007. According to the suit, Cole suffered an injury to his back. He claims he suffered pain and suffering, loss of enjoyment of life, medical expenses, lost wages, and was severely and permanently injured. Cole seeks compensatory damages for the injuries sustained.
Case number: 08-C-1826

Sept. 23
William Lee Totten v. City of Charleston
PA – Charles D. Perfater; J – Walker
* William Totten filed a suit against the City of Charleston after he fell while walking out of a municipal garage. Totten, who walks with the aid of a cane, claims he could not see pavement damage in the Virginia Street garage Sept. 21, 2007. Totten fell to the ground due to the broken pavement, and suffered a torn rotator cuff, which required surgery, facial and nose abrasions with a possible nose fracture, abrasions and bruises to his arms, hands and knees, and mental anguish and distress. Totten seeks compensatory and punitive damages.
Case number: 08-C-1828

Martin Belcher, personal representative of the estate of Vicky Jean Belcher v. Sunbridge Putnam Health Care Group, et al
PA – Erin Winter; J – Stucky
* Martin Belcher filed a suit on behalf of Belcher's deceased wife, Vicky Jean Belcher, who allegedly died from injuries she sustained at a nursing home facility. According to the suit, Vicky Belcher was a resident at Sunbridge Care and Rehabilitation of Putnam, where she began to suffer from a skin breakdown, dehydration and urinary tract infections. She was moved to Select Specialty Hospital, where she ultimately died. In the three-count suit, Martin Belcher claims he suffered mental pain and suffering as a result of his wife's injuries and death. He seeks damages for himself and the estate of Vicky Belcher.
Case number: 08-C-1845

Sept. 24
Kenneth Smith, Anita Smith, and minors Casey Smith and Kaitlin Smith v. T.P. Chevrolet, Inc., doing business as Turnpike Chevrolet, General Motors Corporation
PA – Timothy C. Bailey; J – Stucky
* Kenneth Smith filed a suit against Turnpike Chevrolet after he was paralyzed when the Chevrolet Silverado in which he was riding rolled over, ejecting him from the vehicle. Smith claims he was using a seatbelt at the time. However, during the roll sequence, Smith was ejected from the Silverado and sustained several injuries, which left him a paraplegic, the suit says. Smith claims he has incurred medical and life care expenses, as well as income loss and permanent, total impairment of his earning capacity. Anita Smith claims she has lost consortium and her husband's household services. The suit also claims the Smith's children have lost consortium of their father. The Smiths seeks compensatory, punitive and exemplary damages.
Case number: 08-C-1849

Sept. 25
Noel Whetsell v. Dave Masters, Jim Rubenstein
PA – Kerry A. Nessel; J – Bloom
* Noel Whetsell filed a suit against Dave Masters, claiming Masters sexually assaulted her while she was an inmate. Whetsell claims Masters exhibited cruel and unusual behavior toward her in 2006 and 2007, sexually abusing and assaulted her while she was incarcerated. In the 10-count suit, Whetsell seeks compensatory and punitive damages.
Case number: 08-C-1853

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